Historic DEA marijuana rescheduling hearing opens, paused until mid-January

Historic hearings on marijuana’s status under federal law will begin in earnest sometime in mid-January, an administrative law judge for the U.S. Drug Enforcement Administration said during a procedural session Monday.

At that time, hearings will be held “Tuesday through Thursday … for as long as it takes,” said John Mulrooney II, the DEA’s chief administrative law judge.

There’s still no exact date when Mulrooney might rule on moving marijuana from Schedule 1 to Schedule 3 of the Controlled Substances Act, which would have profound consequences for the $32 billion legal U.S. cannabis industry.

That long-awaited date appears to be no earlier than February, when some of the parties designated to participate in the rescheduling process indicated availability to give part of what might be a week’s worth of testimony.

In the meantime, more filings in the proceedings are due Dec. 13, with documents due Jan. 3 – two “homework” dates that Mulrooney set Monday.

Focus includes judge’s ‘pigeonholes’

As expected, Mulrooney heard no evidence or testimony from the select few “designated participants” during two hours of proceedings Monday.

Nor has Mulrooney absorbed any of the copious information presented to him in pre-hearing filings, he said.

Instead, during his opening remarks and in dialogue with attorneys representing the parties, Mulrooney seemed concerned with narrowing what evidence and testimony he will hear, in part so that a decision can be reached as swiftly as is reasonable.

“Remember, everybody, this is not a trial whether marijuana is good or bad,” he said at one point.

“I don’t know if it’s good. My issues are much more narrow than that.

“It has to do with addiction potential and several other little pigeonholes that I have.”

While setting ground rules, Mulrooney’s focus Monday was determining availability from the 19 designated participants’ witnesses – and, in some cases, questioning whether the witnesses qualified as experts.

Rescheduling hearing process

Mulrooney established Monday that:

• Each of the designated participants will be allowed 90 minutes for testimony from a witness they select.
• Opposing parties can cross-examine that testimony for up to 20 minutes.
• Parties consolidating their arguments with another designated participant – including some of the pro-marijuana blocs denied full standing in the proceedings and those permitted independent participation – can have up to 120 minutes for two witnesses.

It likely will not be until after February 2025 when Mulrooney concludes hours of testimony and an untold cache of evidence.

No books; experts only

That cache, Mulrooney stressed Monday, must be as brief as possible.

Some witnesses appeared keen to send Mulrooney as much information as possible, including books they’d written.

“Here’s a spoiler alert,” he said. “I am not going to be reading anybody’s book,” he said.

“I don’t have the lifespan to read mountains of evidence.

“I want the evidence that’s important.”

Witnesses also must demonstrate in testimony or a written brief why they qualify as an expert.

Chris Roberts can be reached at chris.roberts@mjbizdaily.com.